Pace Warmcare - General Terms
1. General
1.1 These conditions apply to the work Pace Warmcare Heating Services carries out and apply in addition to the terms and conditions of your Value, Bronze, Silver and Gold contract with Pace Warmcare Limited.
1.2 If you want to make any changes to these conditions you must ask for the changes to be put in writing, to avoid disputes about what Pace Warmcare and you are expected to do.
1.3 Pace Warmcare is a trading name of Pace Fuelcare Limited.
1.4 “Work” means the service and materials supplied by Pace Warmcare as detailed on this work sheet.
2. Quotations and Contract Formation
2.1 Quotations or estimates (whether verbal or written) are valid for 28 days from the date of issue but may be withdrawn by Pace Warmcare before the Work is carried out.
2.2 No contract is formed until you sign the front of this form to show you accept the Work and these conditions.
3. Price
3.1 The price for the Work shall be the standard service charges and labour charges, of which you have been notified.
3.2 All labour charges are rounded up to the nearest quarter hour when on site.
3.3 Where parts are required at a price to you of more than £100 Pace Warmcare will, where reasonably possible, notify you of the price of such parts and obtain your approval before they are fitted.
3.4 Unless otherwise stated, all prices EXCLUDE VAT and are therefore subject to the addition of VAT at the appropriate rate.
4. Payment
4.1 Payment for work to the value of £1,000 (excluding VAT) shall be due upon completion of that work.
4.2 Work valued between £1,000 and £5,000 (excluding VAT) requires a 50% deposit before Pace Warmcare commences work with the remaining 50% due upon completion of the work.
4.3 Work valued above £5,000 (excluding VAT) requires staged payments. You must agree and sign for such stages before Pace Warmcare will start the Work.
4.4 You must pay for the Work by cheque or credit/debit card or by any other method of payment, Pace Warmcare reasonably requires from time to time.
4.5 If you fail to make any payment on the due date (except where clause 4.6 applies) Pace Warmcare may charge you interest on the amount unpaid at 2% per annum above the base lending rate of Barclays Bank plc in force at the date the Work was completed until you make payment in full.
4.6 In the event of any alleged defect in the Work you shall not be entitled to withhold more than a proportionate amount of the price. If you withhold more than a proportionate amount then Pace Warmcare will be entitled to apply interest to the outstanding balance in accordance with clause 4.5 above.
5. Guarantee and Liability
5.1 The guarantee offered by Pace Warmcare below are in addition to and do not affect your statutory rights relating to the quality of the Works and the parts supplied. For further information about your statutory rights contact your Local Authority Trading Standards Department or Citizens’ Advice Bureau.
5.2 Pace Warmcare guarantees manufacturers’ new genuine replacement parts for 12 months from the date of installation in respect of manufacturing defects only.
5.3 Pace Warmcare shall replace any parts supplied, which are found to be faulty within 12 months after they were installed.
5.4 Where Pace Warmcare reasonably determines your appliance is obsolete, we will recommend that you purchase a new appliance. If you choose not to act on such recommendation and require us to fit parts to an obsolete appliance, the guarantees in clauses 5.2 and 5.3 will not apply and we shall not be responsible for any breakdown of an obsolete appliance or any damage to property caused as a result.
5.5 Pace Warmcare strongly advises against the use of pattern or reconditioned parts. If Pace Warmcare uses such parts at your request and they prove to be faulty or damage any of your property we shall not be liable unless the fault or damage was due to our negligence in installing the part.
5.6 If the Work carried out by Pace Warmcare proves to be defective within 21 days of it being carried out, we will remedy such defect at no extra cost to you. Any defect which manifests itself after 21 days will not be rectified free of charge and the normal call-out, parts and labour charges for your level of cover will apply.
5.7 Pace Warmcare shall not be liable for failure of components, equipment or systems that were not replaced or installed as part of the Work, unless the failure is caused by our negligence in carrying out the Work.
5.8 Pace Warmcare is not liable for loss or damage to property caused by the appliance, boiler or system breaking down (for instance damage to furniture caused by water leak) unless we are responsible for such breakdown.
5.9 Pace Warmcare liability for accidental damage caused to property, decoration or equipment shall be limited to the value of the item at the time the damage occurred. We reserve the right to appoint a loss adjuster to settle such matters in the event of a dispute.
5.10 Pace Warmcare shall not be liable for any loss or damage that is not a reasonably foreseeable result of any breach of contract or Negligence on our part, nor any loss related to any business you run (such as loss of use of equipment, loss of profits or business interruption).
6. Time Limits
6.1 Pace Warmcare will carry out the work within a reasonable time unless it is impossible to do so because of circumstances outside our reasonable control. In particular, we are not responsible for delays caused by its suppliers or their agents.
7. Data Protection
7.1 By submitting your order you are requesting Pace Warmcare to carry out the work and allowing us to use your personal details for the purposes of carrying out the work (including passing your details on to our subcontractors).
7.2 Pace Warmcare may make searches about you at all credit reference agencies who will supply us with information, including information from the Electoral Register, for the purposes of verifying your identity. The agencies will keep a record of that search whether or not you order any services from us and will share it with other businesses.
7.3 The personal details you provide to us will be used for identification purposes, prevention of money laundering as well as management of your account(s) with Pace Warmcare and/or Pace Fuelcare Limited. They may also be shared amongst Pace Warmcare Limited and Pace Fuelcare Limited to improve our services to you and for analysis to market other products and services of Pace Warmcare and Pace Fuelcare Limited to you and/or from other companies that we think may be of interest to you. If you do not want Pace Warmcare to use your information for marketing purposes please let us know in writing.
7.4 The personal details you provide to us may be disclosed to third parties where we are required to do so by law, the enactment of a statutory instrument, the order of a court with jurisdiction in the United Kingdom, the fulfilment of our reporting obligations to either an agency or ministry of the government of the United Kingdom, the fulfilment of our reporting obligations to a local government organisation or where we are required to do so by any person statutorily authorised to obtain them (for example, a Police Officer during the course of an investigation).
7.5 You must promptly notify us if any of your personal details that are important to our trading relationship change, for instance if you change your address, name, contact telephone numbers or bank account (where you pay by direct debit).
8. Third Party Rights
8.1 Nobody but you will be able to benefit from this contract.
9. Law
9.1 Where the Works is carried out in Scotland the contract shall be governed by the laws of Scotland. Where the Work is carried out in any other part of the United Kingdom the contract shall be governed by the laws of England (as applied in Wales or Northern Ireland as the case may be).
Scope of Plan
Pace Fuelcare Ltd. Trading as Pace Warmcare will provide the following levels in respect of domestic oil burning appliances.
*All servicing will normally be carried out in the summer months (May to September) to manufacturers’ recommendations.
Services scheduled outside of the summer months are subject to cancellation at short notice as priority is given to emergency breakdown repairs.
| Cover | Cookers | Bronze | Silver | Gold |
| Annual Service* | included | included | included | Included |
| Safety & Efficiency check | included | included | included | included |
| Priority repair service | included | included | included | included |
| Call out charges | chargeable | chargeable | included | included |
| Labour charges | chargeable | chargeable | chargeable | included |
| Replacement parts | chargeable | chargeable | chargeable | included** |
**Parts covered are as listed in ‘Equipment covered’ and subject to exclusions listed under ‘Exclusions’.
Aceptance of appliances
Acceptance is on condition of satisfactory site survey and boilers over 20 years of age at the start of the Plan will not be accepted for Gold cover.
Pace Warmcare reserve the right to cancel the Plan and refund the plan payment cost, less service/site survey visit and administration fee, if it is found that the installation does not meet minimum standards required for the individual Plan requested.
Quotations will be provided on request for works required to meet the Plan minimum standards. Provision of spares: Pace Warmcare will endeavour to replace parts on a like for like basis but in cases where this is not possible will install an alternative comparable product.
All used and removed parts replaced under the terms of the Plan will become the property of Pace Warmcare.
Period of Plan: The Plan is valid from the time agreed as the starting date and on receipt of payment.
The plan can be renewed annually on payment of the charge applying at the time of renewal. This charge will be invoiced prior to the Plan expiry date.
Pace Warmcare will notify any changes to the levels of services or the terms and conditions of the plan applying on such renewal.
Pace Warmcare retains the right to review the Plan offer, as it deems necessary and to withhold service should the customer fail to settle any overdue invoices on their account.
Payment may be made by cheque, postal order, credit / debit card, or by inclusion in our budget account scheme for oil. All prices quoted are per appliance and inclusive of value added tax.
Cancellation / Change of Ownership No refunds are available for Plans cancelled after the start date.
Plans cannot be transferred to alternative appliances or properties. Breakdown repairs Pace Warmcare aims to respond to all requests for breakdown repairs on a next working day basis.
Where this is not possible an alternative date will be offered. Customers on service Plans will be given priority over non-Plan customers at all times. Call out; labour and parts charges not covered by the individual plan type will be invoiced separately.
In the case of out of hour's emergency breakdowns, Pace Warmcare operates a voice messaging service whereby customers can request an engineer’s visit on the following working day.
Additional Terms and Conditions for Gold & Silver Plans Equipment covered (subject to exclusions listed below)
1. All components supplied as part of the central heating boiler by the original manufacturer.
2. Time clocks / programmers
3. Motorised valves and circulating pumps
4. Room, cylinder and frost thermostats
5. Warm air circulating fans
6. Fire valves.
Contingencies not covered
1. Fire, lightning, explosion, earthquake, subsidence, frost, storm, aircraft or other aerial devices or articles dropped there from, settlement or flood.
2. Theft or attempted theft.
3. Wilful act of vandalism, neglect or disregard of the instructions of the manufacturer of the equipment.
4. Loss of use due to civil disturbance, riot, strike, malicious persons or terrorism.
5. Loss or damage to any property or resulting loss or expense or any consequential loss excluding that caused by our negligence.
Exclusions
1. Call out and labour charges where no fault is found.
2. Adjustment of time, temperature controls, bleeding of radiators or venting of oil pipes unless caused by breakdown.
3. Heat exchangers, water jackets and calorifiers.
4. Cosmetic damage not affecting the safe operation of the equipment.
5. Work, which can be attributed to D.I.Y or third party interference.
6. Modifications or alterations required for the correct function of the equipment.
7. Material or labour charges for which the manufacturer, supplier, installer or repairer of the equipment may be held responsible under any guarantee or warranty.
8. De-scaling or any work associated with hard water scale deposits, including de-sludging, effects of aggressive water and clearing of system air locks.
9. Variation and or failure of electrical, water or oil supply run outs.
10. Water or air ingress in the fuel line.
11. Energy management systems, optimisers, compensators, associated controls and under-floor heating zone valves and controls.
12. Any alteration, repair or replacement caused by a failure or inability of any electrical equipment, computer program or hardware and associated equipment to recognise or correctly interpret or process any date as the true or correct date or to continue to function correctly beyond that date.
13. Circulating pumps or system control valves with pipe work connections greater than 28mm (one inch).
14. Circulating pumps installed in direct or secondary hot water systems.
15. Failure to repair the equipment due to replacement parts not being readily available, out of manufacture or the inability of the equipment to accommodate modified components.
16. Flue systems connected to the equipment.
17. Any components, which are contained within the fabric of the building, are not readily accessible or require removal of any household appliance, fixture or fitting. 18.Work on any components or substances, which may contain asbestos.
19. Any work, which constitutes a risk to our employees or requires the use of specialist equipment under current health and safety legislation.
20. Replacement system inhibitor.
21. Any work required which can be attributed to a defect in the fabric of the building.
22. Loss of use of the equipment or any consequential loss.
23. Any natural / forced draught or fan assisted vaporising burners.
24. Any work carried out by persons other than on the express instructions of Fuelcare Heating Services.
25. Any work carried out after the expenditure of £1,000 (inclusive of VAT) in any one-contract period.
26. Call out, parts and labour charges for work on any items not covered under the Plan.
27. Any appliance or sundry equipment over 20 years old (Gold Plan only)
Miscellaneous These prices are effective from 1 January 2006 and we reserve the right to change these prices from time to time.